O R D E R

CM APPL. 10955/2024 (restoration of main case)

1. Application under Order XLI Rule 19 read with Section 151 of CPC has been filed on behalf of the Appellant for setting aside Order dated 08.02.2024, whereby the Appeal was dismissed in default.

2. It is submitted in the Application that Appellant was unable to appear on 08.02.2024 due to personal difficulty.

3. It is further explained that learned counsel for the Appellant had appeared on 21.07.2022 and had noted wrong date and therefore, was unable to appear on next two dates of hearing, i.e. 18.01.2023 and 24.04.2023. Thereafter, he was out of station and tried to join through Video Conferencing (VC) on 12.10.2023, but there was unable to join due to poor network.

4. Thereafter, Appellant Division had been in process of change and new Division had bene created, which caused Appellant extreme chaotic and Appellant was not appearing.

5. It is submitted that non-appearance of the Appellant was unintentional and hence, Order dated 08.02.2024 be set aside and Appeal be restored to its original Number.

6. Learned counsel for the Respondent vehemently opposes the Application on the ground that it does not disclose any reason whatsoever, in fact, none was appearing on behalf of the Appellant since 2022, as was noted in Order dated 08.02.2024, while dismission the Appeal in default. Therefore, there is no ground for setting the Order dated 08.02.2024.

Submissions heard and record perused.

7. Appeal was dismissed in default vide Order dated 08.02.2024 and present Application for restoration of the Appeal has been filed on 16.02.2024. While Appellant in this Application has explained his previous conduct of non-appearance from 2022 to 2024, but there is no explanation, as to why, none appeared on 08.02.2024, when the Appeal was dismissed in default.

8. However, considering that present Application has been filed within 30 days, the Application is allowed and Appeal be restored to its Original Number, subject to paying the cost of Rs.50,000/- to the Respondent before the next date of hearing.

9. Application is disposed of.

10. Written Submissions be filed by the parties within Four (04) weeks, failing which the same shall be taken on record subject to depositing the cost of Rs.25,000/- with Delhi High Court Advocates’ Welfare Trust.

11. E-TCR be summoned before the next date of hearing.

12. List for arguments on 20.11.2026.

13. No further adjournment on any ground shall be given to either party.

14. In case, either party fails to appear on 20.11.2026, Appeal shall be decided on the basis of record available.